As a trustee of a protected person in Belgium, you may be faced with real estate in Spain. Consider, for example, the acceptance of an inheritance with assets in Spain or the sale of Spanish property. The purchase of real estate in Spain is also possible. In this article, you will find more information on the practical steps on guardianship and real estate in Spain.
You wish to accept an inheritance
If the protected person is heir to an estate with assets in Spain, a notarised estate deed will also be drawn up in Spain. Without such a deed, the title cannot be transferred to the heirs and they cannot sell the property.
In practice, you will have to consult the justice of the peace before you are allowed to accept the estate in the name of the protected person. The justice of the peace usually requires an appraisal report of the property, the estate description including debts and the draft deed. Know that the tax valuation of a property in Spain may differ from the market value.
Learn more about the practicalities of settling an estate in Spain here.
You wish to buy or sell a Spanish property
If the protected person wishes to buy a property in Spain, the justice of the peace will first have to rule on its appropriateness. Based on the financial and personal (health) situation, the justice of the peace may approve such purchase. The justice of the peace will then set a purchase budget .
Both for purchase or sale, he will ask for a valuation of the property and a summary of the purchase or sale conditions. As administrator, you can only sign a purchase agreement after approval by the justice of the peace. The purchase agreement must be co-written in one of the national languages. For the notarial deed, a translation must be approved. However, this does not necessarily have to be a sworn translation.
Practical: guardianship and property in Spain
If the justice of the peace approves the inheritance or purchase or sale, you will give a notarised power of attorney in the name of the protected person to your representative on the spot, e.g. our office. With this power of attorney, the necessary steps can be taken on the spot, for example signing the notarised deed of sale, applying for a NIE number or the Spanish estate declaration. Such power of attorney can be given at a Belgian notary.
The granting of a special and temporary power of attorney by an administrator in order to have specific acts performed in Spain is not considered a (structural) delegation of powers.
The Spanish notary asks for a sworn translation of the order of the justice of the peace, both of appointment as administrator and authorisation for the transaction.
